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QUERY XIV. 



The administration of justice, and the description of 

 the laws? 



The state is divided into counties. In every county 

 are appointed magistrates, called justices of the peace, 

 usually from eight to thirty or forty in number, in pro- 

 portion to the size of the county, of the most discreet 

 and honest inhabitants. They are nominated by their 

 fellows, but commissioned by the governor, and act 

 without reward. These magistrates have jurisdiction 

 both criminal and civil. If the question before them 

 be a question of law only, they decide on it themselves: 

 but if it be of fact, or of fact and law combined, it must 

 be referred to a jury. In the latter case, of a combina- 

 tion of law and fact, it is usual for the jurors to decide 

 the fact, and to refer the law arising on it to the deci- 

 sion of the judges. But this division of the subject lies 

 with their discretion only. And if the question relate 

 to any point of public liberty, or if it be one of those in 

 which the judges may be suspected of bias, the jury un- 

 dertake to decide both law and fact. If they be mis- 

 taken, a decision against right, which is casual only, is 

 less dangerous to the state, and less afflicting to the 

 loser, than one which makes part of a regular and uni- 

 form system. In truth it is better to toss up cross and 

 pile in a cause, than to refer it to a judge whose mind 

 is warped by any motive whatever, in that particular 

 case. But the common sense of twelve honest men 

 gives still a better chance of just decision, than the ha- 

 zard of cross and pile. These judges execute their 

 process by the sheriff or coroner of the county, or by 

 constables of their own appointment. If any free per- 

 son commit an offence against the commonwealth, if it 

 be below the degree of felony, he is bound by a justice 

 to appear before their court, to answer it on indictment 

 or information. If it amount to felony, he is commit- 

 ted to jail ; a court of these justices is called : if they on 

 examination think him guilty, they send him to the jail 



